S21: Unreasonable search and seizure

Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise.

Section 21: NZ Bill of Rights

This right is about privacy, and freedom from unreasonable search or seizure of person, home, or property.

Privacy matters, and the State must respect it.

This provision means police and government agencies must follow the law and have good reasons before searching your house, car, or phone. For example, New Zealand police usually need a search warrant before entering your home. Similarly, police surveillance, and data collection also have to be lawful and reasonable.

For instance, Police cannot take close-up photos of someone on the street without consent, or upload it to a police intelligence database for surveillance purposes. For example, a Supreme Court decision in the 2025 Tamiefuna case found that a photo taken by a police officer on a public road during a routine traffic stop could not be used to convict that person of an unrelated crime.